as shall be deemed fit and expedient; and to order and direct, if they shall see fit, that all extractable Processes shall be extracted in such Form and Manner as may seem expedient, and to make Provision for Payment out of the Fee Fund of the Charge, at the ordinary Rate for copying, for making the Record Copies of such Decreets as the Parties may not require to be extracted; and to make Regulations with regard to the Manner and the Person by whom Extracts of Decreets shall be authenticated after the Transmission of Processes to the Keeper of the Records, and also with regard to the Manner and the Person by whom Extracts shall be authenticated, of all registered Deeds and Probative Writings, Charters, Precepts and Instruments whatsoever, issued after the Transmission thereof to the General Register House; all which Orders and Regulations shall be valid and effectual; any thing in the said Two Acts contained to the contrary notwithstanding: Provided always, that Copies of all such Acts of Sederunt shall be transmitted by the President of the Court of Session to His Majesty's Secretary of State for the Home Department, to be by him laid before both Houses of Parliament, at or immediately after the Commencement of the ensuing Session, and no such Act or Acts of Sederunt shall become in force or receive effect until the Expiration of Three Calendar Months after the First Day of the Meeting of such Session of Parliament.

XXIV. And be it enacted, That from and after the passing of this Act, the Copies of printed Papers and Interlocutors and Minutes of the Court, appointed by the said Act passed in the Fiftieth Year of His said late Majesty's Reign, to be received in Evidence when an Appeal is taken to the House of Lords, and the authenticated Copies of Proceedings in any Cause which the Assistants of the Principal Clerks of Session are by the said Act required to furnish, shall and may be certified by the Signature either of one of the said Clerks, or of one of the said Assistants, for whom the Principal Clerk shall be responsible.

XXV. And be it enacted, That the Fee payable to the said Fee for comAssistants, for comparing the said Copies of printed Papers shall paring certified be Four Pence for each printed Page, and no more: Provided Copies for always, that the said Fee shall in no one Case, of whatever Length Appeals. the said Copies may be, exceed Ten Pounds in the whole: And provided also, that the said Fee is exclusive of the ordinary Charge of copying Interlocutors and Minutes, according to the Rate for copying paid at the Time in the Court of Session; and the Fee payable to the said Assistants, for preparing Bonds. granted by the Purchasers of Estates judicially sold for the Prices thereof, shall be One Half of the Fee which would be payable to a professional Agent for similar Bonds on occasion of a voluntary Sale, and no more.

XXVI. And be it enacted, That from and after the passing Principal and of this Act, the Principal and Assistant Keepers of the Register Assistant Keepof Deeds, Probative Writings and Instruments of Protest, recorded ers of Register in the Books of Council and Session, shall be under the immediate of Deeds, &c. Control and Direction of the Lord Clerk Register and his Deputy Lord Clerk appointed by for the Time, in the Performance of the Duties of their Offices; Register. and whenever a Vacancy shall arise in any of the said Offices, the same shall be supplied, by the Nomination of the Lord Clerk

G 2

Register,

Register, and every such Nomination shall be forthwith reported Office Copies of to the Court; and the Extracts or Office Copies of all such Deeds, Deeds, &c. to Probative Writings, and Instruments of Protest, before the Transbe signed by One Keeper. mission thereof to the General Register House, shall be authenticated by the Subscription of one or other of the said Keepers, in the same Manner and to the same Effect as such Extracts have heretofore been authenticated by the Signature of a Principal Clerk of Session.

Indexes of certain Registers to be formed as directed by Acts of Sederunt.

· XXVII. And Whereas it is expedient that the Keepers of the 'several Registers of Records of Seisins, Reversions, Abbreviates of Adjudications, Inhibitions, and Deeds, and Probative Writs ' recorded in the Books of Council and Session, should form Alphabetical Indexes of the Persons and Matters to which 'those Records relate, for the Purposes of easy Reference to the same respectively;' Be it enacted, That it shall and may be lawful for the Court of Session, by any Act or Acts of Sederunt, from time to time, to regulate the Form and Manner in which such Indexes shall be formed and rendered accessible to the Public, and to provide such Remuneration for the Persons who shall be employed to form the same, as may be just and suitable, by the Imposition of a Fee on the Registry of the Writings to which the said Indexes shall bear Reference, not exceeding One Fourth Part of the ordinary Charge paid for copying at the Time in the Court of Session: Provided always, that Copies of all such Acts of Sederunt shall be transmitted by the President of the Court of Session to His Majesty's Secretary of State for the Home DepartHome Department, to be by him laid before both Houses of Parliament at or immediately after the Commencement of the ensuing Session; and no such Act or Acts of Sederunt shall become in force or receive effect until the Expiration of Three Calendar Months after the First Day of the Meeting of such Session of Parliament.

Copies of such

Acts transmit

ted to Secretary

of State for the

ment.

Fees of Macers regulated, and Salaries provided for them.

Other Fees to form Funds as herein mentioned.

XXVIII. And be it enacted, That the Fees upon Services heretofore payable to the Macers shall be abolished from and after the Twentieth Day of June in this present Year, and that the Fees heretofore collected and accounted for to them, by the Clerks of the Bills and by the Keeper of the Outer House Rolls, shall be thereafter accounted for, and paid over weekly, to the Collector of the Fee Fund; and the said Collector shall retain those Fees which have heretofore been received by him on account of the Macers, and paid by him to them; and the other Fees now legally exigible by the said Macers, or any of them, shall remain so exigible, and shall, along with all Gratuities receivable by them, or any of them, in their Capacity of Macers, form a common Fund of Division among the whole Seven Macers of the Court, including the one by Hereditary Right or his Deputy, instead of being as heretofore exclusively divisible among Four of their Number; and the Fees now legally exigible by the Two Macers of the Court of Teinds (being also Macers of the Court of Session), shall in like manner form a common Fund' of Division among the whole Seven Macers, who shall all equally be liable to perform the Duty of Macers without Distinction, whether in the Ĉourt of Session, Court of Teinds, or elsewhere; and the Salaries now payable to the said Macers, of Ten Pounds each to Four of their Number, shall, from and after the said Twentieth Day of June

Fund.

in this present Year, cease and determine, and the said Seven Macers shall thereafter receive a Salary of One hundred and twenty Pounds each, payable in the same Manner and at the same Times in which Salaries of One hundred and Twenty Pounds each are now paid and payable to Three of their Number; the Salaries herein provided for them being in lieu and stead thereof. XXIX. And be it enacted, That the Remuneration of the Remuneration Collector of the Fee Fund, including the Expence which may to the Collector become necessary of a Clerk or Assistant, shall, from and after of the Fee the Twentieth Day of June in this present Year, be fixed at the Rate of Four Pounds per Centum on the whole Sums received by him, until such Sums shall amount to Eleven thousand Pounds Sterling in each Year, with the Addition of a Rate of Two Pounds per Centum on the further Sums received by him in such Year beyond Eleven thousand Pounds Sterling, and that in lieu and stead of the Remuneration fixed by the said Act passed in the Fiftieth Year of His said late Majesty's Reign: Provided always, Proviso. that in case in any Year the said Remuneration at the Rate aforesaid shall fall short of Six hundred Pounds, the said Collector shall, in such Year, be entitled to retain the full Sum of Six hundred Pounds, as the Allowance for his Trouble and for the Expence aforesaid; and every Person filling the said Office shall, in virtue of his Appointment, be a Member of the College of Justice. XXX. And be it enacted, That any Balance remaining in the Hands of the Collector, on the Twentieth Day of December in any Year, shall be disposed of in Manner described by the said Act, passed in the Fiftieth Year of His Majesty's Reign; and in case plied. of the Insufficiency of the said Fund at any time for the Payment of the Sums which the said Collector is required to pay, the Deficiency shall be supplied in the manner now practised in pursuance of the said Act.

of the College

To be Member

of Justice.

Disposal of

Balance of Fee Fund, and Deficiency sup

Fees creating the said Fund may be diabolished by the

minished or

Court.

XXXI. And be it enacted, That in case it shall at any time appear that the Fees by which the said Fund is created, produce annually a Sum materially exceeding the Amount required, it shall be competent to the said Court to diminish the Amount of, or altogether to abolish any of the said Fees; any thing in this or any other Act to the contrary notwithstanding: Provided always, that if, by any Diminution or Abolition, the Fund shall become insufficient for the legal Demands upon it, the said Court shall restore the said Fees in whole or in part, so as to keep the Fund as nearly as may be equal to the Burthens thereon: Provided further, that Copy of Order a Copy of every Order or Act of Sederunt to be made by the said transmitted to Court, diminishing the Amount of the said Fees or abolishing State for Home Secretary of any of the same, or restoring such Fees, shall be transmitted by Department. the President of the Court of Session to His Majesty's Secretary of State for the Home Department, who shall cause a Copy of the same to be laid before each House of Parliament at or immediately after the Commencement of the then next Session thereof; and upon the Expiration of Three Calendar Months after the First Day of such Session, but not sooner, every such Fee shall become diminished, or be abolished, or be restored, in the same manner as if the same had been diminished, or abolished, or restored, by Authority of Parliament.

G 3

· XXXII And

50 G. 3. c.112. § 48.

Office of Au. ditor of the Court of Ses

permanent.

To be Writer to the Signet, &c.

Tenure of
Office,

• XXXII. And Whereas the Office of Auditor of Accounts in 'the Court of Session was established by Acts of Sederunt of the 'Lords of Council and Session, and the Fees payable to and exigible by the Auditor were afterwards regulated and esta'blished by the aforesaid Act passed in the Fiftieth Year of the reign of His late Majesty, by which it was provided, that, ' in the Event of there being an Auditor of each Division, such 'Fees should be equally divided between the Two Auditors: And Whereas the said Office has been found useful and beneficial;' Be it therefore enacted, That the said Office of Auditor of Accounts shall hereafter be and remain a permanent Office in the sion to be made Court of Session, and the Person at present filling the said Office shall continue to hold the same, ad vitam aut culpam, with Power nevertheless to His Majesty, His Heirs and Successors, to appoint Two Auditors. another Auditor of Accounts, so that there may be an Auditor of Accounts for each Division whenever it shall be certified to His Majesty, His Heirs and Successors, by the Lord President of the Court of Session and the Lord Justice Clerk, that in the Opinion of the Court the due Dispatch of the Business of the said Office shall require that there shall be Two such Auditors, every such Auditor being a fit and proper Person, who shall have practised for not less than Three Years as a Writer to the Signet, or as a Member of the Incorporation of Solicitors before the Supreme Courts in Scotland; and every person filling the said Office shall, in virtue of his Appointment, be a Member of the College of Justice, and shall hold the same, ad vitam aut culpam; and that upon every Vacancy in the said Office, by Death, Resignation or otherwise, it shall be lawful to His Majesty, His Heirs and Successors, to nominate and appoint a fit and proper Person, of the Description Not to practise. aforesaid, to supply such Vacancy; and no Person holding the said Office shall, under Pain of Deprivation of Office, practise either directly or indirectly as an Agent before the said Court of Session : Provided always, that in the Event that Two Auditors of Accounts shall be appointed, it shall and may be lawful for the Court of Session, and such Court is hereby empowered by an Act or Acts of Sederunt, to regulate the manner in which the Business of the said Office shall be performed by the said Two Auditors, and the Manner in which the Fees granted by the said recited Act shall be divided between them, any. thing in the said recited Act to the contrary notwithstanding: Provided further, that a Copy of every such Act of Sederunt shall be transmitted by the President of the Court of Session to His Majesty's Secretary of State for the Home Department, who shall cause a Copy thereof to be laid before each House of Parliament, at or immediately after the Commencement of the then next Session; and upon the Expiration of Three Calendar Months after the First Day of such Session, but not sooner, such Act of Sederunt shall become in force in the same manner as if the Regulations prescribed therein had been made by the Authority of Parliament: Provided nevertheless, that in case the present Auditor or any Auditor henceforth to be appointed, shall be unable to discharge the Duties of the said Office, by reason of temporary Indisposition or Absence, it shall and may be lawful for the said Court to appoint

If Two Auditors, Court may regulate Mode of

Business by Act

of Sederunt.

Copy of such Act transmitted to Secretary of State for Home Department.

During temporary Indisposition, &c.,

Court may appoint a Person to discharge

the Duties,

a fit

a fit and proper person, though continuing to practise as an Agent. before that Court, to discharge the Duties of such Auditor during the Period of such temporary Indisposition or Absence.

Decreets in Absence not to be extracted

without the Account of Ex

pences being taxed by the Auditor.

XXXIII. And be it enacted, That from and after the passing of this Act, it shall not be lawful to extract any Decree for the random Sum of Expences concluded for in the Summons; and that in all cases in which Decree is pronounced in Absence of the Defender or Defenders, an Account of Expences shall be lodged in Process, and taxed by the Auditor, and that a Report thereon by the Auditor shall be a sufficient Warrant and Authority to the Extractor to fill up the Amount of Expences to be awarded against the Defender or Defenders in the extracted Decree, without the said Report being brought under the Consideration of the Lord Ordinary, unless by his own Direction, or that of the Auditor, or on the Motion of any Party interested; and for the taxing of all Fee on Taxsuch Accounts, in cases of Decrees in Absence, the Auditor shall ation. be entitled to charge a Fee of Five Shillings, and no more, when the Amount of the Account shall not exceed the Sum of Ten Pounds Sterling; and when the Amount of the Account shall exceed that Sum, he shall be entitled to charge according to the Rates of Fees specified and contained in the Schedule annexed to the aforesaid Statute passed in the Fiftieth Year of the Reign of His late Majesty.

XXXIV. And be it enacted, That if any of the Keepers of the Compensation Inner House Rolls, or Clerks of the Judges, or other Officers of to certain Court, shall make Application to the said Barons, and shall make Officers: it appear that he has suffered or will suffer pecuniary Loss from the Operation or Effect of any of the aforesaid Regulations, beyond the Salaries allowed and fees reserved by this Act, due Consideration being had of the Circumstances of each individual Case, the said Barons are hereby authorized and required to examine into such Claims, and to decide whether any or what Compensation is due to all or any of the said Officers.

XXXV. And be it enacted, That every Sum of Compensation to be awarded under the Authority of this Act, shall be paid and payable upon the Order of the said Barons, in such manner and at such time or times as they shall direct, free and clear from all Taxes and Deductions whatsoever, out of the Monies charged or made chargeable by several acts made in the Seventh and Tenth Years of the Reign of Her Majesty Queen Anne, with the Fees, Salaries and other Charges allowed or to be allowed for keeping up the Courts of Session, Justiciary and Exchequer; and every Order for Compensation so made as aforesaid, shall be laid before Parliament within One Month after the Commencement of the Session next ensuing the making of the same: Provided always, that no such Decision of the said Barons shall be final and conclusive until Three Months after a Copy of the Order of such Barons for Compensation shall have been laid before Parliament.

Fund from which Compensations" under this Act

to be made.

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